Workers compensation in Canberra, in short
If you are injured or become ill because of your work in the ACT, you can usually claim workers compensation under the Workers Compensation Act 1951 (ACT). It is a no-fault scheme that can pay weekly payments while you can't work, your reasonable medical and rehabilitation costs, and a lump sum for permanent injuries. If your employer's negligence caused the injury, you may also be able to claim common law damages.
I had an outstanding experience with United Legal for my workers compensation claim. The team was professional, knowledgeable, and genuinely committed to getting the best outcome for me.
Can I make a workers compensation claim?
You can usually claim if you are a worker and your injury or illness arose out of, or in the course of, your employment. That includes:
- Sudden injuries such as falls, lifting injuries, machinery and vehicle accidents
- Injuries that develop over time, like repetitive strain, back and joint conditions and hearing loss
- Psychological injuries such as stress, anxiety, depression or PTSD caused by work
- Diseases caused or made worse by work, including dust and chemical exposure
- Aggravation of an existing condition by your work
- Journey and work-travel injuries in some circumstances
You don't need to prove your employer did anything wrong to receive workers compensation. Some contractors are also treated as workers. If you're unsure whether you're covered, that's one of the first things we check.
What workers compensation can pay for
What you receive depends on your injury, your capacity for work and the rules of the ACT scheme. The main entitlements are:
Weekly payments
Income support while you can't work, or while you earn less because of your injury. The amount depends on your pre-injury earnings and how long you've been off.
Medical & treatment costs
Reasonable doctor, specialist, hospital, surgery, physio and medication costs, plus travel to treatment.
Permanent injury lump sum
A one-off payment if your injury leaves you with a permanent impairment covered by the Act.
Rehabilitation & return to work
Support to return to suitable work safely, including workplace rehabilitation providers.
Workers compensation vs common law damages
Many injured workers don't realise there can be two separate claims. The second, a common law claim, can be worth far more, but it requires proof that your employer (or someone else) was negligent.
| Question | Workers compensation | Common law damages |
|---|---|---|
| Need to prove fault? | No, it's a no-fault scheme | Yes, negligence must be proven |
| What it covers | Weekly payments, medical costs, rehabilitation, permanent injury lump sum | Pain and suffering, past and future loss of earning capacity, future care and medical costs |
| How it's paid | Ongoing payments while entitled, plus any lump sum | Usually one negotiated settlement or court award |
| Typical timing | Starts soon after the claim is accepted | Once your injury has stabilised, often 12 months or more |
How common law damages are worked out
A common law claim is made up of several "heads of damage". The two largest are usually:
- Pain and suffering (non-economic loss). This compensates for the pain, loss of enjoyment of life and inconvenience of the injury. It can't be calculated mathematically, so we compare your injury with past court awards for similar injuries.
- Loss of earning capacity. This is not just lost wages. It's the effect your injury has on your ability to earn for the rest of your working life, often to age 67. For a younger worker who can't return to their trade, this is usually the biggest part of the claim.
We work with doctors, vocational experts and other specialists to show exactly how your injury affects your future. Read more: how work injury damages are calculated.
How to make a workers compensation claim in the ACT
- Report the injury to your employer as soon as possible, and make sure it's recorded in the workplace injury register.
- See your doctor and ask for a workers compensation medical certificate. Keep copies of every certificate.
- Lodge your claim form with your employer, who must pass it to their insurer. Write down the date you handed it over.
- Keep records of time off work, receipts, travel to treatment, photos and the names of witnesses.
- Get advice early, especially if the insurer delays, asks for a recorded interview, or sends you to an independent medical examination.
Don't wait. Time limits apply to notifying your employer, lodging a claim and starting a common law claim. Missing them can cost you your entitlements. A free claim check takes a few minutes.
Claim rejected, delayed or stopped?
Even straightforward work injuries can turn into a fight with the insurer. We regularly help with:
- Rejected claims: we find out why, gather the evidence and challenge the decision
- Payments stopped or reduced without a proper explanation
- Treatment refused or delayed by the insurer
- Pressure to return to work before you're ready, or into unsuitable duties
- Incorrect weekly payment amounts
- Psychological injury claims, which insurers often dispute
Read more: what to do if your workers compensation claim is denied.
Common work injuries and industries we help with
- Back & lifting injuries
- Slips, trips & falls
- Psychological injury
- Repetitive strain
- Shoulder injuries
- Injured on the way to work
Construction and trades
Falls from height, scaffolding and ladder accidents, power tool injuries, manual handling and long-term joint damage. Building sites often involve several companies, so there may also be a claim against a principal contractor.
Healthcare, aged care and disability support
Patient-handling back and shoulder injuries, needlestick injuries, assaults by patients or clients, and psychological injury from traumatic events or workload.
Police, ambulance, fire and emergency services
Physical injuries on duty and PTSD from cumulative exposure to traumatic incidents.
Trucking, transport and delivery
Road accidents while driving for work, loading and unloading injuries, and back and neck problems from long hours driving. A road accident at work can also give rise to a motor vehicle (CTP) claim.
Warehousing, forklifts and manufacturing
Forklift and machinery accidents, crush injuries, falling stock, repetitive lifting, and noise-induced hearing loss.
Mining, resources and offshore work
Heavy machinery and vehicle accidents, dust and chemical exposure, and fly-in fly-out work injuries. Offshore and interstate work can raise questions about which scheme applies.
Agriculture and farming
Machinery, quad bike and livestock injuries, and chemical exposure.
Office and public service work
Repetitive strain and overuse injuries, slips and falls, and psychological injury from bullying, harassment or excessive workload.
How much workers compensation will I get?
It's the first question most people ask, and the honest answer is that it depends on your injury, your earnings and how your claim is run. There's no fixed "payout" for a work injury. But we can tell you what goes into the number, and after a free claim check we can give you a realistic idea for your situation.
| Part of your claim | What decides how much |
|---|---|
| Weekly payments | Your pre-injury average weekly earnings, how long you've been off, and whether you can do some work. Payments reduce after the first 26 weeks. |
| Medical and treatment costs | What is reasonable and necessary for your injury, including surgery, physio, medication and travel to appointments. |
| Permanent injury lump sum | The type and level of permanent impairment, assessed by a doctor under the Act. |
| Common law damages | Whether someone was negligent, your pain and suffering, and how much the injury cuts your earning capacity for the rest of your working life. |
The biggest workers compensation payouts usually come from common law claims for serious injuries, especially where a younger worker can't go back to their trade. Our $1.4 million result for an injured worker is one example. Smaller claims can still be worth thousands of dollars in unpaid weekly payments or medical costs the insurer should have covered.
For a full breakdown, read our guide to workers compensation payouts in the ACT and how much compensation work injury victims can get.
How much does a workers compensation lawyer cost?
Our workers compensation claims are run on a No Win, No Fee basis. In plain terms:
- Your first conversation is free, with no obligation to go ahead.
- No upfront fees. You don't pay our professional fees while the claim is running.
- If your claim isn't successful, you don't pay our professional fees.
- If it is successful, our fees are paid out of your compensation at the end, as set out in your costs agreement.
Before we start, we give you a written costs agreement in plain English that explains our fees, any out-of-pocket costs such as medical reports, and an estimate of the total. Ask us anything about it. You should never be surprised by a bill.
How long does a workers compensation claim take?
- Weekly payments and medical costs can start soon after your claim is accepted.
- A permanent injury lump sum usually waits until your injury has stabilised, so the impairment can be assessed properly.
- Common law claims commonly take 12 months or more, because your future losses can't be valued until doctors know how your injury will affect you long term.
Settling too early is one of the most common and costly mistakes injured workers make. We'll tell you when it's the right time. More detail: how long workers compensation settlements take and how long you can stay on workers compensation.
Workers compensation lawyers across Canberra and the ACT
Our Canberra office is in Fyshwick, and we act for people right across the ACT, including Belconnen, Gungahlin, Woden, Weston Creek, Tuggeranong, the inner north and inner south, as well as Queanbeyan and the surrounding NSW region. You can meet us in person, or do everything by phone and video call or we can even meet you at your place, if it's hard for you to travel. If your injuries mean you can't get to us, we can come to you.
Workers compensation claims we help with
Watch our videos
Workers compensation FAQs
Do I have to prove my employer was at fault to get workers compensation?
Can I be sacked for making a workers compensation claim?
Can I choose my own doctor?
What if my workers compensation claim is rejected?
How long does a workers compensation claim take?
How much compensation will I get for a work injury?
Do I need a workers compensation lawyer?
How much does a workers compensation lawyer cost?
Can I get a lump sum workers compensation payout?
Workers compensation guides
About this page
Reviewed by Noman Farooq, who handles workers compensation claims, and Peter Glover, co-founder and United Legal's most senior practitioner, who has been practising law for over 30 years. This page is general information, not legal advice. Contact us for advice about your situation.
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